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AB-835 Consumer affairs: licenses: prohibited acts.(2017-2018)

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Date Published: 03/28/2017 04:00 AM
AB835:v98#DOCUMENT

Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 835

Introduced by Assembly Member Dababneh

February 16, 2017

An act to amend Section 119 of the Business and Professions Code, relating to consumer affairs.


LEGISLATIVE COUNSEL'S DIGEST


AB 835, as amended, Dababneh. Consumer affairs. affairs: licenses: prohibited acts.
Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled. buy or receive a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited.
This bill would make nonsubstantive changes to these provisions. also make it a misdemeanor for any person to sell a fraudulent, forged, fictitious, or counterfeited license.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 119 of the Business and Professions Code is amended to read:

119.
 Any person who does any of the following shall be guilty of a misdemeanor:
(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:
(1) A canceled, revoked, suspended, or fraudulently altered license.
(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.
(b) Lends his or her license to any other person or knowingly permits the use thereof by another.
(c) Displays or represents any license not issued to him or her as being his or her license.
(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.
(e) Knowingly permits any unlawful use of a license issued to him or her.
(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.
(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, “fraudulent” means containing any misrepresentation of fact.
(h) Sells any fraudulent, forged, fictitious, or counterfeited license.

(h)

(i) As used in this section, “license” includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.